Part two: Proof of service
Proof of service
“Proof of service” is documentary evidence that proves you have served the documents in a manner that conforms with the rules. Proof of service is usually, but not always, in the form of an Affidavit of Service (Form 16B), in which the person who served the documents swears or affirms when, where and how they served them. When you file documents that had to be served, you must also file proof of service at the same time. Proof is needed for every person who was required to be served. If a copy of a document has been served on more than one person, then you would need to complete an Affidavit of Service for each person served.
Affidavit of Service
An Affidavit of Service (Form 16B) is a sworn or affirmed declaration describing the manner in which the documents were served on the another person.
Completing an Affidavit of Service
- Follow the instructions on Form 16B to fill out the Affidavit of Service. The affidavit will describe:
- the name of the person who served the document
- what document was served (for example, Notice of Appeal to the Divisional Court or Notice of Motion)
- when the document was served (day, month and year)
- the name of the person who was served
- where the document was served (for example, house number, apartment number, street name, city, and province)
- how the person was served (for example, personal service, lettermail, email)
- If you served the documents, then you must swear or affirm that the information in your affidavit of service is true. If you had another person serve the documents, then that person must fill out the affidavit of service and swear or affirm the information in the affidavit is true.
- The affidavit must be sworn or affirmed and signed in front of a person authorized to take oaths and affirmations (for example, a commissioner for taking affidavits, a lawyer or Divisional Court staff). The commissioner will ask the person making the affidavit to swear or affirm that the information in the affidavit is true, will ask the person to sign the affidavit, and will themselves sign the affidavit. Do not sign the affidavit before going to the commissioner. An affidavit may be commissioned remotely (by video conference) if certain conditions are met. A fee is normally charged for commissioning services.
Note: It is a criminal offence to knowingly swear or affirm a false affidavit.
Acceptance of service
When you are serving a lawyer of record, the lawyer’s written admission or acceptance of service is sufficient proof of service and does not need to be verified by affidavit: see Rule 16.09(3) of the Rules. When you are delivering a document to the lawyer personally, you can have the lawyer endorse on the document or a copy of an acceptance of service and the date of acceptance: see Rule 16.03(2).